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Can a factory run in a residential area? Where should i complain?
27-Mar-2023 (In R.T.I Law)
My neighbour runs a garment factory which involves the use of industrial iron which is a source of noise and vibrations to my home. I reside in Shrinivaspuri, South Delhi. Several requests and quarrels with owner of factory to shift it somewhere else have not yielded any result.
He claims to have a licence of this factory but from my little knowledge, Supreme Court has directed MCD to shift all industrial units to shift from residential areas, so how could he have obtained a licence?
My queries are 1.Can any type of factory run in a residential area? 2.What legal action / complaints can be taken by me?
When it comes to Units that are permitted to run in residential area: Reference can be made to the Master Plan for Delhi, 2021 which states that household industrial units with a maximum of 5 workers are allowed to run in residential areas subject to the condition that no polluting industrial unit shall be permitted as a house hold industry. As specified by you that the unit is creating noise pollution, it cannot run in a residential area.
We believe that the option available to you is to register a complaint for noise pollution before the Pollution Control Board or register a complaint for noise pollution and public nuisance in the nearest Police Station and immediate action shall be taken.
Public Nuisance has been defined under Section 268 of the IPC:
"A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right."
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